ND K-3.50. Use of Force in Defense of Premises and Property K-3.50

State:
Jury Instruction Number:

North Dakota Pattern Jury Instructions (N.D.P.J.I. 1985)

ND K-3.50. Use of Force in Defense of Premises and PropertyK-3.50

Force is justified if it is used by a person [to prevent or terminate an unlawful entry or other trespass in or upon premises] [to prevent an unlawful carrying away or damaging of property]; however, force is not justified unless the person using force first requests the person against whom force is to be used to desist from interference with the premises or property, but a request is not necessary if [it would be useless or dangerous to make the request] [substantial damage would be done to the property sought to be protected before the request could effectively be made].